Bombay High Court
ROHINI W/O. PRANJAL KHADSE - KHEWALKARversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is dismissed as there is no substantive ground for the Court to direct an arrest when the investigation is complete and a charge‑sheet is pending.
Summary
The petitioner, Rohini, filed a criminal writ petition seeking that the police take proper legal action, including arrest, against accused persons named in FIR No. 415 of 2021 for offences such as attempt to murder, assault, and illegal possession of arms. She alleged that the Muktainagar police station failed to arrest the accused despite the cognizable nature of the offences, particularly Section 307 of the IPC. The respondents‑State filed an affidavit stating that the investigation had been transferred to the Nashik Crime Branch, which has now completed its inquiry and placed the report before a higher authority, with a charge‑sheet still pending. The Court examined whether the petition was maintainable at this stage, given that the investigation was concluded and no arrest order was pending. Finding no substantive ground to intervene, the Court disposed of the petition. The petition was therefore dismissed without any direction to the police.
Issues considered
- Whether a criminal writ petition seeking direction for arrest is maintainable when the investigation is completed and a charge‑sheet is pending
- Whether the police’s failure to arrest at the investigation stage warrants judicial intervention
Legislation cited
- Arms Act — s. 25(3), 25(4)
- Indian Penal Code, 1860 — s. 141, 143, 147, 148, 149, 307, 341, 427
- Maharashtra Police Act, 1951 — s. 135, 37(1)(c)
Subjects
- arrest
- cognizable offence
- criminal writ petition
- investigation completed
- charge sheet pending
- police duty
- high court
Judgment
2026:BHC-AUG:42141-DB
1 924 CRIMINAL WRIT PETITION NO. 1083 OF 2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
924 CRIMINAL WRIT PETITION NO. 1083 OF 2022
ROHINI W/O. PRANJAL KHADSE - KHEWALKAR
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Adv. Manoj Shinde h/f Adv. M. K. Goyanka, Advocate for the
Petitioner
Adv. A. S. Shinde, APP for Respondents-State
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATED : 09/09/2026
Per Court:
. Heard.
2. By way of this writ petition the petitioner is seeking proper
legal action to be taken against the accused-person in FIR No. 415
of 2021 registered at Muktainagar Police Station for the cognizable
offence under Sections 307, 341, 427, 141, 143, 147, 148, 149 of
I.P.C., Section 37 (1)(c), 135 of the Maharashtra Police Act, 1951,
and under Section 25(3) and 25(4) of Arms Act.
3. The learned APP has filed affidavit-in-reply, mentioning that
the investigation of the aforesaid FIR was transferred to Nashik
2 924 CRIMINAL WRIT PETITION NO. 1083 OF 2022
Crime Branch and as per the information from the Nashik Crime
Branch, investigation in respect of the aforesaid FIR is also
completed and it is placed before the higher authority for filing final
report.
4. The main grievance of the petitioner is that the concerned
Police Station despite allegations of cognizable offence under
Section 307 of I.P.C. did not arrest the accused-persons. However,
at this juncture, the investigation is completed and charge sheet is
only awaited.
5. In view of the same, we do not find any substance in the
petition at this juncture and therefore, it stands disposed of.
( VAISHALI PATIL-JADHAV, J. ) ( SANDIPKUMAR C. MORE, J. )
shivani/
Checking your session…